EU Law in UK 2021 (2) (UK Brexit)

UPDATE (24th Jan) : correction – the main combined cycle waste law was enacted in 2018, but the Single-Use Plastics Directive was enacted in 2019. The EU 2018 updates to the waste law (combined cycle) will be implemented. The Single-Use Plastics Directive will not be implemented.

EU Law enacted in 2019 with two year (or more) implementation deadlines in 2021 would not be implemented.

Exit day is 31st January (next Friday)

EU law continues to be enacted. I posted before about long tail implementation deadlines. I said in that post that the combined cycle waste law and other waste law updates enacted in 2019 with two year or minus more implementation deadlines would be implemented in the UK.

However, on 16th January, the BEIS Secretary answered as follows re the 2019 EU Copyright Directive –

The deadline for implementing the EU Copyright Directive is 7 June 2021. The United Kingdom will leave the European Union on 31 January 2020 and the Implementation Period will end on 31 December 2020. The Government has committed not to extend the Implementation Period. Therefore, the United Kingdom will not be required to implement the Directive, and the Government has no plans to do so. Any future changes to the UK copyright framework will be considered as part of the usual domestic policy process.

Please continue to follow this Blog for further updates.

EU Law in UK 2021 (UK Brexit)

Exit day is 31st January (end of this month)

Implementation period completion day is 31st December (this is the end of the transition period)

The Chancellor speaking to the Financial Times, confirms there will be no dynamic alignment with EU Law after 2020.

I am not yet clear which laws will diverge, but please note the Brexit laws allow divergence, for example the Brexit Agriculture Bill provides for England, Wales and Northern Ireland to create their own marketing standards (Scotland will need to enact its own Brexit Agriculture Bill).

The EU Exit regulations (statutory instruments) we (Cardinal Environment) are consolidating into domestic law only deal with the pre-Brexit period to end Dec 2020.

It is the FT front page today (Saturday 18th January) and the lead on BBC online.

EU Law per se will not apply anyway. Note, there may be some long tail implementation left over from pre-Brexit that will be implemented.

We (Cardinal Environment) are already consolidating the EU Exit regulations into domestic law, and creating the Retained EU Law (EU Regulations, not Directives, that are adopted). Progress in this project can be seen by clicking the Brexit Consolidated Law List on the top right hand side of EHS Legislation Registers & Checklists homepages (both ENV and OHS).

We are working to the deadline of 31st December 2020 for completion of this project.

In addition, EHS Legislation Registers & Checklists will see the home page choice of ENV or OHS have additional Post-Brexit choices, and the existing links relabelled Pre-Brexit.

The Post-Brexit links will direct to shadow Registers & Checklists that will run from the end of Q1 to hit the end Dec 2020 deadline, for switch over to Post-Brexit.

Post-Brexit shadow Registers & Checklists running in 2020 will have Brexit Consolidated Law loaded (accessibility will stay from the main Brexit Consolidated Law list), and will display a changed Register layout.

Post-Brexit EHS Legislation Registers layout – EU Law will be moved from the top to below Guidance. We will still supply up to date EU Law to UK customers, but this is where it will be found. Retained EU Law will be displayed at the top of the Register.

Stormont Re-Start (Northern Ireland)

Following acceptance by political parties in Northern Ireland of The New Decade, New Approach Deal, Stormont will re-start after three years.

This means restoration to full operation of all the institutions of the Belfast (Good Friday) Agreement, including the Executive, the Assembly, the North South Ministerial Council, the British-Irish Council and the British-Irish Intergovernmental Conference.

The following commitments in The New Decade, New Approach Deal are relevant for our purposes –

(1) The Executive will create an Executive Sub-Committee on Brexit.

The sub-committee will be chaired by the First Minister and deputy First Minister (or their nominated Ministerial representatives). The sub-committee will have at least one representative from each party on the Executive. As a matter of urgency the sub-committee will consider Brexit-related issues and will initiate, as soon as is practicable, an assessment of the impact of Brexit on the institutions and North/South and East/West relationships. The work of the sub-committee will be scrutinised by an Assembly Committee.

(2) The Executive will establish a central Translation Hub in the Department of Finance within three months of an agreement, in order to provide language translation services for the 9 Executive Departments, Arm’s Length Bodies, Local Government and Public Bodies.

The Assembly’s Standing Orders will also be amended to allow any person to conduct their business before the Assembly or an Assembly Committee through Irish or Ulster Scots. A simultaneous translation system will be made available in the Assembly to ensure that a person without Irish or Ulster Scots is not placed at a disadvantage.

(3) Representatives from the Northern Ireland Executive will be invited to be part of the UK delegation in any meetings of the UK-EU Specialised Committees or the Joint Committee discussing Northern Ireland specific matters which are also being attended by the Irish Government as part of the European Union’s delegation.

A powerful Joint Committee is established under the (international treaty) EU-UK Withdrawal Agreement to oversee that Agreement (for orderly UK exit from the EU). This Joint Committee will have Specialised Committees.

(4) The UK government will legislate to guarantee unfettered access for Northern Ireland’s businesses to the whole of the UK internal market, and ensure that this legislation is in force for 1 January 2021. The UK government will engage in detail with a restored Executive on measures to protect and strengthen the UK internal market.

The Deal, alongside its two annexes, represents a possible outline of a Programme for Government. The parties agree to publish, within two weeks of the restoration of the institutions, the fuller details of an agreed Programme for Government. The parties recognise that the final Programme for Government will need to be agreed by the parties who form the Executive.

Within its first month of operation, the Executive will publish a legislative programme and indicative timescales which will complement the Programme for Government.

The following are relevant Deal commitments –

(1) The Executive will make its first priority to ensure the best possible Brexit outcome for citizens and the economy, reflecting the priorities set out in the letter of August 2016 from the First Minister and deputy First Minister to the Prime Minister.

(2) The Executive will invest urgently in wastewater infrastructure (the Living With Water Programme) which is at or nearing capacity in many places across Northern Ireland, including in Belfast.

(3) The Executive will tackle climate change with a new Energy Strategy to address the immediate and longer term impacts of climate change, and set targets and actions for transition to a zero carbon society.

The parties agree that, within 3 months, the new Executive will publish a comprehensive timetable for the development and delivery of this and other strategies necessary to achieve the outcomes in the Programme for Government.

(4) The Executive will introduce legislation and targets for reducing carbon emissions in line with the Paris Climate Change Accord.

Specifically, –

* the Executive will bring forward a Climate Change Act

* the Executive will establish an independent Environmental Protection Agency

* the Executive will create a plan to eliminate plastic pollution

* the RHI (Renewable Heat Initiative) will be closed down and replaced by a scheme that cuts carbon emissions.

Please also note the statements made by the Irish Government which also summarises the Brexit supports available to border regions.

The Deal document is here.

EU Law in UK 2020 (UK Brexit)

UPDATE (24th Jan) : UK Policy is NOT to implement beyond the Implementation period completion day

Exit day is 31st January (end of this month)

Implementation period completion day is 31st December (this is the end of the transition period)

The Withdrawal Agreement agreed between the UK and the EU in November 2019 will be ratified in the UK and the EU imminently. This will bring about an ordered UK exit from the EU, and initiate a Transition Period.

The Transition Period will operate for 2020. During the Transition Period EU law enacted and in force by 31st December 2020 will be implemented in the UK, even if it has implementation deadlines after 31st December.

UPDATE (24th Jan) : For our purposes, this means the 2018 EU Circular Waste Economy Package will be implemented in the UK. The 2019 EU Single-Use Plastics Directive would not be implemented.

In addition, EU laws already implemented in the UK but with long tail deadlines for e.g. product bans (e.g. menthol cigarettes) that apply after Exit day or after Implementation period completion day, will still apply in the UK.

The envisaged purpose of the Transition Period is for the UK and the EU to agree alternative arrangements for trade in goods, primarily, that will subsist from 1st January 2021.

For our purposes, this means the new UK chemicals regime, the new UK medicines regime, the new UK equipment label (UKCA Mark), and UK issued certificates of all kinds, will need to be in place by end of 2020. Expect unilateral arrangements for EU goods and chemicals etc circulation in the UK for a limited period after 31st December 2020. I Blog posted a few days ago about hops and the later date available for circulation of EU hops in the UK.

There could also be unilateral arrangements on the EU side for limited time-length goods circulation in the EU.

A key issue is acceptance on both sides of certificates issued, and the matter of double testing for chemicals, medicines etc.

Waste Action Plan for a Circular Economy (Ireland)

Ireland’s Department of Communications, Climate Action and Environment is seeking views on the development of a new Waste Action Plan for Ireland as part of the move to a more Circular Economy where resources are kept in use for as long as possible and then recycled or reused at the end of their service life. 

This consultation will enable Ireland  develop a new waste policy / circular economy plan to meet the emerging challenges and build on the targets set out in the Climate Action Plan (separate Blog post on the Climate Action Plan, issued shortly). The completed policy will also match the level of ambition in the Waste and Climate areas being shown across the EU.

The Public Consultation will close at 5pm on Friday 21st February 2020

The consultation document is here

Please see the related consultation documents here

Circular Economy Waste Package (Ireland)

The Circular Economy Waste Package is a collection of directives from the EU which have to be translated into EU member state law:

* Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste

* Directive (EU) 2018/850 of the European Parliament and of the Council of 30 May 2018 amending Directive 1999/31/EC on the landfill of waste

* Directive (EU) 2018/852 of the European Parliament and of the Council of 30 May 2018 amending Directive 94/62/EC on packaging and packaging waste

* Directive (EU) 2018/849 of 30 May 2018 amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment

These directives, which will amend the existing legislation of EU member states, increase current waste-management targets while introducing some new ones. They strengthen requirements around waste prevention, extend producer responsibility, and streamline definitions, while reporting on obligations and calculation methods for targets.

I blog posted about these amendments a while back. The consolidated EU Directives are supplied in Cardinal EHS Legislation Registers & Checklists (paid subscribers will have access to, as tailored).

EU Member States, including Ireland, are required to transpose these four directives into national law by 5 July 2020.

On 30th December 2019, the Irish Department of Communications, Climate Action and the Environment announced it is seeking views on this transposition process through a public consultation.

Along with the four directives mentioned above, the Single Use Plastic Directive (EU 2019/904) (SUP Directive) is also going to be transposed into national law, by 5 July 2021. This directive contains enhanced provisions to those contained in the Circular Economy Waste Package. I blog posted about this Directive as well, and it will be added to paid subscribers Registers & Checklists systems.

Given the links between the directives, Ireland is also seeking views on the transposition of the SUP Directive.

The deadline for consultation is 5pm, Friday 21, February, 2020.

The consultation document is – here.

Waste Consultation (Wales)

On the 19th December 2019, the Welsh Government issued a consultation document “Beyond Recycling” to put in place a strategy to make the circular economy a reality in Wales. Consultation responses deadline is 3rd April 2020.

The consultation document is here.

This strategy proposes –

(1) extended producer responsibility for packaging

(2) deposit return scheme for drinks containers

(3) bans or restrictions to phase-out single use plastics

(4) full responsibility for waste in Wales